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HomeMy WebLinkAbout1957/10/07 - ADMIN - Minutes - City Council - Regular (2) r146 Council Meeting - October 7, 1957 A regular meeting of the Council was called to order by Acting Mayor, Torval Jorvig, at 8 o'clock p.m. 111 Invocation was given by Rev. Norman Nielsen of the Westwood Lutheran Church. The following Councilmen were present at roll call: H. C. Davis Robert Ehrenberg Gene Schadow Kenneth Wolfe Also present were the City Manager, City Attorney, Assistant to the City Manager, City Manager Interne and the Secretary. Minutes - 4 , On motion of Councilman Wolfe, seconded by Councilman Ehrenberg, the minutes of meeting held September 30, 1957, were approved, by unanimous vote of five members of the Council present. Public Hearing On Rezoning - Shell Oil Company - 5a Public hearing was had on proposed rezoning of part of Lot 3, Block 1, Suburban Homes Addition (Highway No. 100 and Excelsior Boulevard) from Residen- tial Use District to Commercial Use District, requested by Shell Oil Company. No persons appeared. On motion of Councilman Schadow, seconded by Councilman Davis, the first reading of the Ordinance Amending the Zoning Ordinance of St. Louis Park on the above property, was waived and the date for the second reading was set for • October 14, 1957, by unanimous vote of five members of the Council present. Public Hearing on Rez dking - Bernard Horovitz - 5b Public hearing was had on proposed rezoning Lots 16 thru 21, Block 2, Calhoun Lakeside Park from Multiple Dwelling Use District to Limited Commercial Use Distnict, requested by Bernard Horovitz. No persons appeared. On motion of Councilman Wolfe, , seconded by Councilman Ehrenberg, the first reading of the Ordinance Amending the Zoning Ordinance of St. Louis Park on the above property, was waived aid the date for the second reading was set for October 14, 1957, by unanimous vote of five members of the Council present. Public Hearing on Vacation of Alley - Bernard Horovitz - 5c Public hearing was had on proposed vacation of the alley adjacent to Lots 16 thru 21, Block 2, Calhoun Lakeside Park, requested by Bernard Horovitz. Mr. Lindstrom, 3914 W. 31st Street, was present and asked if East and West alley was to be closed. Answer was no. 1 CT October 7, 1957 Public Hearing on Vacation of Alley continued On motion of Councilman Ehrenberg, seconded by Councilman Wolfe, the first reading of Ordinance Vacating Alley was waived, and the date for the second read- ing was set for October 14, 1957, by unanimous vote of five members of the Council present. • Public Hearing on Rezoning - E. A. Johnson and others - 5d Public hearing was had on the proposed rezoning of part of Lot 8, Section 4, Township 117, Range 21, (East of Zarthan Avenue and south of Cedar Lake Road) from Commercial Use District to Light Industrial Use District, requested by E. A. P-- Johnson and others (adjourned from August 26, 1957) . etr Mr. George Stransky, 5900 Cedar Lake Road was present and asked if this 'J was the end of this petition. On motion of Councilman Ehrenberg, seconded by Councilman Wolfe, the above request for rezoning was denied by unanimous vote of five members of the Council present. P-1790 Petition for Sanitary Sewer/- A. R. Amundson. 2515 Yukon Avenue - 6a Petition for sanitary sewer on Yukon Avenue from Cedar Lake Road to Zinran Avenue, by A. Robert Amundson, 2515 Yukon and others, was presented to the Council. On motion of Councilman Davis, seconded by Councilman Ehrenberg, the above petition P-1790 was referred to the Director of Public Works and City Assessor for advice and recommendation,by unanimous vote of five members of the Council present. Petition for Sanitary Sewer - P-1789 - Mrs. A. J . Ramee - 6b Petition for sanitary sewer on Cedar Lake Road from Aquila Avenue to Boone Avenue, by Mrs. A. J. Ramee, was presented to the Council. On motion of Councilman Davis, seconded by Councilman Ehrenberg, the above petition P-1789 was referred to the Director of Public Works and City Assessor for advice and recommendation, by unanimous vote of five members of the Council present. Special Permit for 6325 Hamilton Avenue - G. B. Hill - 6c Request for Special permit under authority of Sections 10.3-27 and 10.5 of ' the Zoning Ordinance for the use described in Resolution No. 472, within 300' of public school premises (6325 Hamilton Avenue) by G. B. Hill. A motion was made by Councilman Schadow, seconded by Councilman Wolfe, that the above matter be referred to the Planning Commission for advice and recomm- endation. Motion passed by the following roll call vote: Councilman Davis, yea; Councilman Ehrenberg, nay; Councilman Schadow, yea; Councilman Wolfe, yea; Councilman Jorvig, yea. . 4 October 7, 1957 Request for Special Permit-6325 Hamilton Ave. - continued Councilman Ehrenberg requested that his reason for voting no be written in the minutes as follows: that this is a dangerous precedent to issue a special use permit which gets around the zoning ordinance by permitting light industry in a commercially zoned building: if we follow such a practice, mainly that of granting a non-conforming use, by permit, when a building and zoning proves un- profitable - then we must consider the request of every piece of idle commercial property for similar permits. Request for Variance - 4326 Basswood Road - Lawrence Silverberg - 6d Request for variance from the Subdivision Ordinance to permit the redivi- sion 6rdinaeee-te-pe r+it-the of lots at 4236 Basswood Road, by Lawrence Silverberg, was presented to the Council. A motion was made by Councilman Davis, seconded by Councilman Ehrenberg, to grant the variance permitting the redivision of lots at 4236 Basswood Road, and that the conditions set forth in Section 12 of Ordinance 558 are met. Motion passed by unanimous vote of five members of the Council present. Request for Variance - Part of Lot 6, La Petite Ferme - Mrs. L. Schieber - 6e Request for variance from Section 2 of Ordinance 557 prohibiting the sub- dividing of lots with a width of less than 751, and request for variance under the Subdivision Ordinance to permit the division of one lot into three, by Mrs. Leo R. Schieber, 1805 Maryland Avenue, was presented to the Council. On motion of Councilman Wolfe, seconded by Councilman Schadow, the above request was referred to the Planning Commisssion for advice and recommendation, by unanimous vote of five members of the Council present. Request for Interpretation of Zoning Ordinance etc - 6f Request for interpretation of provisions of the Zoning Ordinance, by John Yngve was presented to the Council. On motion of Councilman Schadow, seconded by Councilman Wolfe, the above matter was referred to the City Attorney for advice and recommendation, by unani- mous vote. of five members of the Council present. Petition for Sanitary Sewer. by The Murri Mac Co. i Others - 6g (P-1791)_ Petition for Sanitary Sewer on 'Quebec Drive from 22nd to Pennsylvania, Quebec Avenue from 22nd to 24th Streets, and West 22nd from Texas Avenue to Quebec Drive, by the Murri-Mac Company, and others-was presented to the Council. On motion of Councilman Davis, seconded by Councilman Ehrenberg, the above petition P-1791 was referred to the City Assessor and Director of Public Works for advice and recommendation. 149' October-7, 1957 Request for Rezoning. by A. C. Godward - 6h Request for rezoning property Southwest of the intersection of Wayzata Boulevard and Texas Avenue from Open Development Use District to Commercial Use District, by A. C. Godward, was presented to the Council. On motion of Councilman Wolfe, seconded by Conncilman Schadow, the above request for rezoning was denied by unanimous vote of five members of the Council present. • Relative to Lateral Sewers - Norman Thoen - Norman Thoen, 2540 Pennsylvania Avenue was present at the meeting in re- 117, lative to lateral sewers. He said that he understand the engineering of said lateral in his district will be done by City Engineers office. He was asked eT if their petition was in. . He was not sure. Mr. Ortman, 2531 Pennsylvania Ave. says that they have a petition in. They were referred to the City Manager, who took them to his office to check petitions and sewer maps. Relative to Moving Old Houses - E. Hagen - 61 Edwin Hagen, 1448 Idaho Avenue, inquired regarding moving old houses into S . Louis Park, and regarding 1407 Idaho in particular. He was told the City Attorney was working on a City Ordinance to cover this matter. Resolution Levying Assessment for Collection of Delinquent Water etc. - 7a Resolution Levying Assessment for Collection of Delinquent water, sewer, and commercial garbage accounts was presented to the Council. Resolution No. 476 On motion of Councilman Davis, seconded by Councilman Wolfe, Resolution No. 476, entitled Resolution Levying Assessment for Collection of Delinquent Water, Sewer and Commercial Garbage Accounts, was adopted by unanimous vote of five members of the Council present. Second Reading of Proposed Ordinance Amending Zoning Ord. C. Freidheim - 7b Second Reading of Proposed Ordinanee amending the Zoning Ordinance, re- quested by C. Freidheim. (deferred from September 9, 1957) Ordinance No:-591 On motion of Councilman Wolfe, seconded by Councilman Davis, the second reading of Ordinance No:-591, entitled An Ordinance Amending the Zoning Ordinance of the City of St. Louis Park, was waived and the ordinance was denied ' by the following roll call vote: Councilman Davis, nay; Councilman Ehrenberg, nay; Councilman Schadow, nay; Councilman Wolfe, nay; Councilman Jorvig, nay. t 5 0 October 7, 1957 Report of the Park And Recreation Commission on Acquisition of Land - 8a Report of the Park and Recreation Advisory Commission on possible acquisition of land adjacent to Aquila School for park purposes, was presented to the Council. George Williams was presented and stated that owners would sell tO the City approximately 25 acres at a total of $75,000.00, and give the City 7 acres free. On motion of Councilman Davis, seconded by Councilman Schadow, this matter was deferred to October 14, 1957 meeting and the City Manager was directed to secure an independent appraisal of this property, and to'provide the Council with a confidential appraisal figure, divided into 2 pieces, - 1. the Commercial property along Minnetonka Boulevard and 2. the balance of property that owner desires to sell the City - the owner to furnish a plot plan showing the land in question, by unanimous vote of five members of the Council present. Report of Planning Commission (Case 57-56-Vac) Clinton N. Carlson - 8b Report of the Planning Commission (Case 57-56-Vac) recommending favorably, with conditions, upon the request of Clinton N. Carlson for vacation of Zarthan Avenue south of Cedar Lake Road, was presented to the Council. 'A motion was made by Councilman Ehrenberg, seconded by Councilman Davis, thatlthe date of hearing for the vacation of Zarthan Avenue south of Cedar Lake Road be set for October 28, 1957, and further that the petitioner be advised of conditions set forth by Planning Commission and that he advise us in writing as to his approval. Motion passed by unanimous vote of five members of the Council present. Report of Planning Commission (Case 57-69-V) E.. H. Wilkins-- 8c 1. Report of the Planning Commission (Case 57-69-V) recommending favorably upon the request of E. H. Wilkins for variance from the side yard requirements of the Zoning Ordinance under authority of Section 20.4-6 to permit the construc- tion of a garage 11 from the side lot line at 2912 Quentin Avenue, was presented to the Council. On motion of Councilman Schadow, seconded by Councilman Davis, the above request was granted by unanimous vote of five members of the Council present. Report of the Planning Commission (Case 57-70-Z) 0. London - 8d Report of the Planning Commission (Case 57-70-Z) recommending favorably upon the request of 0. London to rezone Lot 5 and part of Lot 6, Block 42, St. Louis Park.Center (Brunswick and W. 37thStreet) from Commercial Use District to Light Industrial Use District; and also recommending that Lots 5 'thru 14 be similarly rezoned, was presented to the Council. A motion was made by Councilman Ehrenberg, seconded by Councilman Davis, that the date of hearing for the rezoning of Lots 5 thru 14, Block 42, St. Louis Park Center, be set for November 4, 1957- Motion passed by unanimous vote of five members of the Couhcil present. 151 October 7, 1957 Report of the Planning Commission (Case 57-71-Z)George Alberts - 8e Report of the Planning Commission (Case 57-71-Z) recommending unfavorably upon the request of George Alberty to rezone Lot 14, Huntington Woods First Addition (4306 W. 36th Street) from Residential Use District to Multiple Dwelling Use District, was presented to the Council. On motion of Councilman Schadow, seconded by Councilman Ehrenberg, the above request for rezoning of Lot 14, Huntington Woods First Addition was denied, by unanimous vote of five members of the Council present. Report of the Planning Commission (Case 57-73-Z) Harry Mankoff - 8f P" Report of the Planning Commission (Case 57-73-Z) recommending unfavorably upon the request of Harry Mankoff to rezone Lots 28 and 29, Block 1, Lathams Minnetonka Boulevard Tract (2800 block on Raleigh Avenue) from Residential Use ►-� District to Multiple Dwelling Use District, was presented to the Council. On motion of Councilman Ehrenberg, seconded by Councilman Davis, the above request for rezoning of Lots 28 and 29, Blockl, Lathams Minnetonka Boulevard Tract was denied, by unanimous vote of five members of the Council present. Report of the Plannin_ Commission Case 57-74-V ohn A. Kinsell - 81 Report of the Planning Commission (Case 57-74-V) recommending unfavorably upon the request of John A. Kinsell for variation of the setback requirements of the Zoning Ordinance under authority of Section 20.4-6'.to permit location of a house at 7700 West 24th Street, was presented to the Council. A motion was made by Councilman Schadow, seconded by Councilman 'Wolfe, that the above permit be granted. Motion was passed by three yeas and two nays. (Councilman Davis, Councilman Ehrenberg voting nay.) Report of the Planning Commission (Case 57-75-V) Aleck Goldfarb - 8h Report of the Planning Commission (Case 57-75-V) recommending unfavorably ' upon the request of Aleck Goldfarb for variance from Section 2 of Ordinance 557 prohibiting the subdividing of lots with a width of less than 75', and also a request for variance under the subdivision ordinance (Section 12) to permit the division of lots, was presented to the Council. A motion was made by Councilman Davis, seconded by Councilman Ehrenberg, that the above request for variance be denied, Motion passed by unanimous vote of five members of the Council present. Report of the Planning Commission (Case 57-78-Z) Steelcote Mfg. Co.. =13i Report of the Planning Commission (Case 57-75-Z)recommending unfavorably upon the request of the Steelcote Manufacuting Company to rezone Lot 2, Block 3, Westmoreland Park (West 36th Street and Princeton Avenue) from Residential Use District to Light Industrial Use District, was presented to the Council. Mr. James Fleisher, 3702 W. 40th Street, withdrew petition in the name of Steelcote Manufacturing Company. 52 October 7, 1957 Report of the Planning Commission (Case 57-81-V) Dahlen Sign Company - 81 Report of the Planning Commission (Case 57-81-V) recommending unfavor- ably upon, the request of Dahlen Sign Company for variation of the setback requirements of the Zoning Ordinance under authority of Section 20.4-6 to permit location of a sign without the required setback at 5600 Excelsior Boulevard, was presented to the Council. A motion was made by Councilman Ehrenberg, seconded by Councilman Wolfe, that the above request for permit to erect sign ;be denied. Motion lost by the following roll call vote: Councilman Davis, nay; -Councilman Ehrenberg, yea; Councilman Schadow, nay; Councilman Wolfe, nay; Councilman Jorvig, nay. A motion was made by Councilman Schadow, seconded by Councilman Davis, that action on the above request be deferred until October 28, 1957. Motion passed by the following roll call vote: Councilman Davis, yea; Councilman Ehrenberg, nay; Councilman Schadow, yea; Councilman Wolfe, yea; Councilman Jorvig, yea. Request for Use of Oak Hill Park. V.F.W. Post 5632 - 9a Request for use of Oak Hill Park for July 4, 1958 Celebration, by V.F.W. Post 5632 (requested by Councilman Schadow) . A motion was made by Councilman Davis, seconded by Councilman Schadow, that the above request for the use of Oak Hill Park be granted, subject to what- ever regulations the City Manager may make for the health, safety and welfare of the folks of St. Louis Park. Motion passed by unanimous vote of five members of the Council present. Report of the Planning Commission (Case 57-65-SP) B. Horovitz - 9b Report of the Planning Commission (Case 57-65-SP) recommending favorably upon the request of Bernard Horovitz for a Special Use Permit under authority of Sections 10.3-23 and 10.5 of the Zoning Ordinance for the operation of a re- creational building (bowling alley) at France Avenue and W. 31st Street, was presented to the Council. On motion of Councilman Davis, seconded by Councilman Ehrenberg, action on the above request was deferred until October 14, 1957, by unanimous vote of five members of the Council present. Report of the Planning Commission (Case 57-57-S) Murri-Mac Company - 9c Report of the Planning Commission (Case 57-57-S) upon the request of Murri- Mac Company for approval of the preliminary plat of Westwood Hills Fourth Addition (deferred from September 16, 1957), was presented to the Council. A representative from Murri-Mac Company was present and asked about the status of their plat. He was told that an answer would possibly be ready October 14, 1957. 1 October 7, 1957 Report of the Planning Commission (Case 57-57-S) continued On motion of Councilman Ehrenberg, seconded by Councilman Wolfe, with permission of the applicant's representative present, action was deferred to October 14, 1957 on proposed plat of Westwood Hills Fourth Addition, by unanimous Vote of five members of the Councillresent. Proposed Westwood Hills Park Site - 9d Proposed Westwood Hills Park site was discussed. C. On motion of Councilman Ehrenberg, seconded by Councilman Wolfe, action on the above matter was deferred until October 14, 1957, by unanimous vote of five members of the Council present. Q Regarding Street Lights on trance Avenue - 9e Street lights on France Avenue from Excelsior Boulevard to 37th Street (deferred from September 9, 1957) was discussed. On motion of Councilman Davis, seconded by Councilman Ehrenberg, the City Manager was directed to issue the order to the Northern States Power Company to proceed with street lighting on France Avenue, from Excelsior Boulevard -to 37th Street and to communicate with one of the petitioners who asked that no lights be installed, by unanimous vote of five members of the Council present. Parking Plan for Bldg. at 4521 Highway No. 7 - 9f Parking plan for building at 4521 Highway No. 7, by Adolfson i Peterson (requested September 23, 1957), was discussed. On motion of Councilman Wolfe, seconded by Councilman! Ehrenberg, the above parking plan was approved subject to the construction of curb along the property line on Monterey adjacent to parking lot, by unanimous vote of five methbers of the Council present: Proposed Revision of Fees - 10a Proposed revision of fees charged for business regulatory licenses (M &' C 57-23), was discussed. On motion of Councilman Davis, seconded by Councilman Schadow, the City Attorney was directed to prepare a fee ordinance for first reading on October 21, 1957, by unanimous vote of five members of the Council present. Re: Necessary-Regulations for the Conduct of Municipal Elections - 10b Discussion of proposed ordinance to adopt suitable and necessary regulations for the conduct of municipal elections; as required by Section 4.01 of the Charter, by City Attorney. On motion of Councilman Wolfe, seconded by Councilman Davis, the City Attorney was directed to prepare suitable ordinance for conduct of City Elections, by unanimous vote of five members of the Council present. October 7, 1957 Amendment to Dog Control - 10c Proposed Amendment to Dog Control Contract was presented to the Council. A motion was made by Councilman Davis, seconded by Councilman Ehrenberg, to approve the Proposed Amendment to Dog Control Contract and to authorize the Mayor and City Manager to execute same on behalf of the City. Motion passed by unanimous vote of five members of the Council present. Resolution Authorizing Advertisement for Bids for Improvement Bonds - 10f Resolution No. 477 On motion of Councilman Davis, seconded by Councilman Wolfe, Resolution No. 477, entitled Resolution Authorizing Advertisement for Bids for Improvement Bonds (1957 Sewer Series),was adopted (bids to be opened November 4, 1957) by unanimous vote of five members of the Council present. District League Meeting - lOd Announcement was made of the District League meeting at St. Paul, October 11, 1957. The following indicated that they would be present at the meeting: City Manager, Tom Chenoweth, Councilman Jorvig, City Manager Interne Mike Lenrow. Bonds - lla On motion of Councilman Wolfe, seconded by Councilman Schadow, the following bonds which have been approved by the City Attorney were accepted by unanimous vote of five memmbers of the Council present. Gus Sandberg Construction Company - Sidewalk Contractor's Bond Phelps-Drake Co. Inc. - Contractors Bond Verified Claims - 12a On motion of Councilman Davis, seconded by Councilman Schadow, the lists of verified claims prepared by the Director of Finance and presented to the Council, dated October 7, 1957, in the total amount of $61,235.24 for vendors were approved, and the City Manager, City Clerk, and City Treasurer were auth- orized to issue checks covering same, by unanimous vote of five members of the Council present. Payments on Contract Work - 12b On motion of Councilman Wolfe, seconded by Councilman Davis, the following payments on contract work, presented by the City Engineer were approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks for their respective amounts, by unanimous vote of five members of the Council present. 155 October 7, 1957 1 , Contract payments continued Partial Payment No. 1 Trunk Sewer Improvement No. 3, Improvement No. 56-52 Section "C" Contractor, Sorinson and Rue Company • Contract Price, $636,904.00 Amountof this payment, $5,248.35 E Partial Payment No. 1 Trunk Sewer Improvement No. 3 Improvement No. 56-52 Section "B" gr Contractor, Sorinson and Rue Company Contract Date, October 1, 1957 - Price $630,701.00 Amount of this payment, $66,867.13 Partial Payment No. 1 Curb and Gutter, Improvement Nos. 57-1 thru 4 and 57-6 thru 13 Contractor, Victor Carlson and Sons Inc. Contract Price, $9,772.33 Contract Date, July 16, 1957 Amount of this payment, $8,306.48 Partial Payment No. 1 Sidewalk, Improvement Nos. 57-5 and 57-18 thru 23 Contractor, Victor Carlson to Sons, Inc. Contract Price, $9,656.55 Contract Date, July 16, 1957 Amount of this payment, $8,208.07 Partial Payment No. 3 Trunk Sewer No. 3 Improvement No. 56-52, Section "A" Contractor, Barbarossa Nodland Company Contract Price, $987,059.00 Amount of this payment, $97,215.65 Partial Payment No. 1 Wading Pool, Oak Hill Park Contractor, Adams Construction Company Contract Price, $11,595.00 Contract Date, August 29, 1957 Amount of this payment, $6,174.00 • October 7, 1957 Re: Primary Election - 10e Possible need for primary election was discussed. No action taken. Meeting Adjourned - 13 Oil motion of Councilman Ehrenberg, seconded by Councilman Schadow, the meeting was adjourned at 12:59 a.m., by unanimous vote of all members of the Council present. r Torval jorvig, cting 'Mayor Attest: , /boseP Jus 'd, Secretary • • J